Journalist to face judge over sources in Colorado shooting story

DENVER Wed Apr 10, 2013 3:10am EDT

Accused Aurora theater shooting suspect James Holmes listens at his arraignment in Centennial, Colorado March 12, 2013. REUTERS/R.J. Sangosti/Pool

Accused Aurora theater shooting suspect James Holmes listens at his arraignment in Centennial, Colorado March 12, 2013.

Credit: Reuters/R.J. Sangosti/Pool

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DENVER (Reuters) - A Fox News reporter was due back in a Colorado courtroom on Wednesday for a hearing on whether she should be compelled to reveal anonymous sources cited in a story about the July 2012 massacre of a dozen people in a suburban Denver movie theater.

New York-based journalist Jana Winter is fighting a subpoena calling for her to testify about her sources for an article that said the accused theater gunman, James Holmes, sent a notebook to a psychiatrist detailing his plans to commit mass murder.

Holmes' public defenders are demanding that prosecutors be sanctioned for leaks of the information to the media, arguing that whoever provided the information violated a gag order in the case and undermined their client's right to a fair trial.

Citing two law enforcement sources, the story appeared five days after prosecutors say Holmes opened fire inside an Aurora, Colorado, multiplex during a midnight screening of Batman film "The Dark Knight Rises", killing 12 moviegoers and wounding 58 others.

Holmes, 25, is charged with multiple counts of first-degree murder and attempted murder. Prosecutors announced last week they will seek the death penalty for the California native if he is convicted.

Winter said in an affidavit that if she was compelled to divulge the names of the sources, her reputation in the industry would be "irreparably tarnished".

"If I am forced to reveal the identities of persons whom I have promised to shield from public exposure, simply put, I will be unable to function effectively in my profession, and my career will be over," she wrote.

In a hearing on the issue last week, Winter's lawyer argued that the court had not exhausted all possible remedies to trace the origin of the leak, short of ordering Winter to testify, a requirement under Colorado's reporter shield law.

Arapahoe County District Judge Carlos Samour Jr. agreed and ordered a police officer - who previously said under oath that he was not a source of the leak - to take the stand Wednesday and testify as to whether he told anyone about the notebook who may have then leaked its contents.

But Samour, who took over the case last week, also said in a written ruling issued this week that he would not force Winter to testify until and unless the notebook, which is under seal, became evidence in the case.

Representatives of the Colorado Press Association, the Reporters Committee for Freedom of the Press and the Colorado Broadcasters Association have filed affidavits with the court on Winter's behalf.

The president of the Washington, D.C.-based National Press Club, Angela Greiling Keane, issued a statement calling on the judge to drop the issue.

"If anonymous sources believe their identities can be dredged up in court, they will be less likely to disclose to the press information of vital public importance," she said.

(Reporting by Keith Coffman; Editing by Steve Gorman and Pravin Char)

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Comments (2)
tommy.tommy wrote:
Since when is reporting every little detail, to the point of not allowing someone a true, fair, trial, something the public ‘needs’ to know?
The notebook issue is not something that the public benefits from, except from a standpoint of selling a ‘story’.
Stop being “journalists”, and just be news people. Leave the details for the courts, and report on them then.
Next question that should be headlined for this person, boxers or briefs? Enquiring minds want to know.

Apr 10, 2013 9:47am EDT  --  Report as abuse
JeffHB wrote:
I would respectfully disagree. Public trial is a very important check on corruption and mischief in the Courts. Portecting the press is a very important step towards policing the power of the courts. Judges have immense power over peole’s lives. They are also human. When they perceive they are not being watched, even the most ethical ones often stray from the standards expected of them.Having spent several decades in the court system, I can state unequivocally that there is a direct proportional relationship between the amount of justice that is delivered by the Courts and the amount of daylight that is shined on their procedures. It is no asccident that thew worst abuses aocvcur where courts function in the greatest secrecy.

Apr 10, 2013 8:09pm EDT  --  Report as abuse
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